General Principles (DE)

Actus reus

(1) voluntary act (conscious or habitual) or (2) omission (failure to act)

Mens rea

—guilty mind or legally proscribed mental state

Mens rea - Culpability levels

—intentionally, knowingly or willfully, recklessly (default if not specified), criminal negligence

Mens rea - Strict-liability crimes

—no state of mind required

• Violations (unless mens rea included in definition)

• Offenses defined by statute as strict-liability crimes

Mistake of fact - defense for Negating mens rea

—defense if it (1) negates required mens rea, (2) is expressly allowed, or (3) supports justification

Mistake of law - defense for Negating mens rea

—defense if (1) concludes erroneously but in good faith that act is not criminal, (2) makes a bona fide effort to ascertain and abide by the law, (3) acts in good faith reliance, and (4) the conduct is not immoral or antisocial

Jurisdiction

—authority to prosecute for a crime committed within the state

Insanity

—combination of M’Naghten and irresistible-impulse tests

M’Naghten

—defendant lacks substantial capacity to appreciate wrongfulness of conduct as a result of mental illness or disorder

Irresistible impulse

o At time of conduct, defendant suffered from mental illness or serious disorder that:

• Substantially disturbed thinking, feeling, or behavior

• Left defendant with insufficient willpower to choose to act or refrain or

• Both caused disturbance and left defendant with insufficient willpower

Irresistible impulse - Return verdict

Jury may return this verdict only after finding (1) prosecution met its burden and (2) defense failed (by preponderance of evidence) to:

• Pass M’Naghten

• (And in first-degree murder cases) establish “extreme emotional distress”

Intoxication

—insanity is not a defense when caused by voluntary (nonprescribed) intoxication

Incompetence to stand trial

• Defendant unable to (1) understand proceedings and (2) assist counsel in defense

• Prosecution must prove that defendant is competent by preponderance of evidence

Voluntary intoxication

—no defense to any DE crime

Types of crimes - Felonies

—minimum one-year imprisonment; seven felony classes (A-G); examples:

• Class A—first-degree murder

• Class B—first-degree kidnapping, first-degree robbery, theft > $100,000

• Class C—first-degree arson, second-degree assault

• Class D—identity theft, money laundering

• Class E—extortion, first-degree conspiracy, theft > $50,000 but < $100,000

• Class F—first-degree vehicular assault, second-degree criminal solicitation

• Class G—unlawful imprisonment, theft from victim 62 or older or person with disability

Misdemeanor

—maximum one-year imprisonment; three misdemeanor classes (A–C)

Violations (e.g., loitering)

—penalties include fines, court costs, restitution

Common criminal code definitions

1. Building—any structure, vehicle, or watercraft

2. Dangerous instrument—any (1) instrument capable of causing death or serious injury, (2) disabling chemical spray, or (3) electronic control device

3. Deadly weapon—any dangerous instrument that can be used to cause death or serious physical injury (e.g., bomb)

4. Firearm—e.g., guns (excluding BB guns)

5. Vehicle—anything that transports or carries people or things